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How can an individual without an actual disability still have an ADA claim?

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I

t happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Di

s

abilities Act. I’ll g

i

ve you an example. Let’s say you hire someone online and sight unseen for a customer-facing position like a cashier or a salesperson at a department store. That employee reports to work on their first day, and you see for the first time an unsightly, impossible-to-miss, jagged scar running down the side of their face. Although it looks pretty bad — perhaps the result of a major surgery — the scar is entirely cosmetic. It does not substantially

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